N.J. Admin. Code § 11:1-44.2

Current through Register Vol. 54, No. 17, September 6, 2022
Section 11:1-44.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Consumer" means an individual who seeks to obtain, obtains or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family or household purposes, and about whom the licensee has nonpublic personal information, or that individual's legal representative.

"Customer" means a consumer who has a customer relationship with a licensee.

"Customer information" means nonpublic personal information as defined in this section about a customer, whether in paper, electronic or other form, that is maintained by or on behalf of the licensee.

"Customer information systems" means the electronic or physical methods used to access, collect, store, use, transmit, protect or dispose of customer information.

"Customer relationship" means a continuing relationship between a consumer and a licensee under which the licensee provides one or more insurance products or services to the consumer that are to be used primarily for personal, family or household purposes.

1. A consumer has a continuing relationship with a licensee if:

i. The consumer is a current policyholder of an insurance product issued by or through the licensee; or

ii. The consumer obtains financial, investment or economic advisory services relating to an insurance product or service from the licensee for a fee.

2. A consumer does not have a continuing relationship with a licensee if:

i. The consumer applies for insurance but does not purchase the insurance;

ii. The licensee sells the consumer airline travel insurance in an isolated transaction;

iii. The individual is no longer a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee;

iv. The consumer is a beneficiary or claimant under a policy and has submitted a claim under a policy choosing a settlement option involving an ongoing relationship with the licensee;

v. The consumer is a beneficiary or a claimant under a policy and has submitted a claim under that policy choosing a lump sum settlement option;

vi. The customer's policy lapsed, expired or otherwise became inactive or dormant under the licensee's business practices, and the licensee has not communicated with the customer about the relationship for a period of 12 consecutive months, except through annual privacy notices, material distributions or mass mailings required by law or regulation, communication at the direction of a State or Federal authority, or promotional materials;

vii. The individual is an insured or an annuitant under an insurance policy or annuity, respectively, but is not the policyholder or owner of the insurance policy or annuity; or

viii. The individual's last known address of record is deemed invalid for the purposes of this subchapter. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful.

"Licensee" means all licensed insurers, producers and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered pursuant to Titles 17 and 17B of the New Jersey Statutes, health maintenance organizations holding a certificate of authority pursuant to 26:2J-1 et seq., and any other person or entity subject to the statute governing information practices at 17:23A-1 et seq. "Licensee" shall not include: a purchasing group; or an unauthorized insurer in regard to the surplus lines business conducted pursuant to N.J.S.A. 17:22-6.4 0 et seq.

"Nonpublic personal information" means "personal information" and "privileged information" as defined in N.J.S.A. 17:23A-2t and w, respectively.

"Service provider" means a person that maintains, processes or otherwise is permitted access to customer information through its provision of services directly to the licensee.

N.J. Admin. Code § 11:1-44.2